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Metropolitan Region Scheme Amendment 1280/41 Mangles Bay Marina

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Metropolitan Region Scheme Amendment 1280/41 Mangles Bay Marina March 2018 Metropolitan Region Scheme Amendment 1280/41 Mangles Bay Marina Report on Submissions City of Rockingham Metropolitan Region Scheme Amendment 1280/41 Mangles Bay Marina Report on Submissions City of Rockingham March 2018 Disclaimer This document has been published by the Western Australian Planning Commission. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the government, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein. Professional advice should be obtained before applying the information contained in this document to particular circumstances. © State of Western Australia Published by the Western Australian Planning Commission Gordon Stephenson House 140 William Street, Perth WA 6000 Locked Bag 2506 Perth WA 6001 MRS Amendment 1280/41 Report on Submissions File 809-2-28-17 Pt 1 Published March 2018 Internet: www.dplh.wa.gov.au Email: [email protected] Phone: (08) 655 18002 Fax: (08) 655 19001 This document is available in alternative formats on application to Communications Services. Introduction to Metropolitan Region Scheme major amendments The Western Australian Planning Commission (WAPC) is responsible for keeping the Metropolitan Region Scheme (MRS) under review and initiating changes where they are seen as necessary. The MRS sets out the broad pattern of land use for the whole Perth metropolitan region. The MRS is constantly under review to best reflect regional planning and development needs. A proposal to change land use reservations and zones in the MRS is regulated by the Planning and Development Act 2005. That legislation provides for public submissions to be made on proposed amendments. For a substantial amendment, often referred to as a major amendment (made under section 41 of the Act), the WAPC considers all the submissions lodged, and publishes its recommendations in a report on submissions. This report is presented to the Minister for Planning and to the Governor for approval. Both Houses of Parliament must then scrutinise the amendment before it can take legal effect. In the process of making a substantial amendment to the MRS, information is published as a public record under the following titles: Amendment report This document is available from the start of the public advertising period of the proposed amendment. It sets out the purpose and scope of the proposal, explains why the amendment is considered necessary, and informs people how they can comment through the submission process. Environmental review report The Environmental Protection Authority must consider the environmental impact of an amendment to the MRS before it can be advertised. Should it require formal assessment, an environmental review is undertaken and made available for information and comment at the same time as the amendment report. Report on submissions The planning rationale, determination of submissions and the recommendations of the WAPC for final approval of the amendment, with or without modification, is documented in this report. Submissions This document contains a reproduction of all written submissions received by the WAPC on the proposed amendment. Transcript of hearings A person who has made a written submission may also choose to appear before a hearings committee to express their views. The hearings proceedings may be recorded and transcribed, and the minutes of all hearings will be published and made available. Contents Report on submissions 1 Introduction ................................................................................ 1 2 The proposed amendment ........................................................ 1 3 Environmental Protection Authority advice ................................ 2 4 Call for submissions ................................................................... 2 5 Submissions ............................................................................... 2 6 Hearings .....................................................................................2 7 Main issues raised in submissions ............................................ 3 8 Responses and determinations ...............................................13 9 Coordination of region and local scheme amendments .......... 13 10 Conclusion and recommendation ............................................13 Schedule 1 Alphabetical listing of submissions Schedule 2 Summary of submissions and determinations Schedule 3 The amendment figure - proposal 1 as advertised Appendix 1 List of detail plans as advertised Report on submissions Metropolitan Region Scheme Amendment 1280/41 Mangles Bay Marina Report on Submissions 1 Introduction At its October 2014 meeting, the Western Australian Planning Commission (WAPC), resolved to proceed with this amendment to the Metropolitan Region Scheme (MRS) in accordance with the provisions of Section 41 of the Planning and Development Act 2005. 2 The proposed amendment The amendment proposal was described in the previously published Amendment Report, and a description of the proposal is repeated below. The purpose of the amendment is to rationalise various zones and reserves and Bush Forever Site 355 in the MRS. The proposed amendment will facilitate the development of a tourist based marina, as follows: • A single entrance marina comprising public and private mooring facilities for approximately 661 - 700 boats (i.e. 411 - 450 in wet pens & 250 in boat stackers); • Combined aquatic club; • A marina village combining tourist based commercial uses, cafes, restaurant etc.; • Short stay and permanent residential uses; and • Open space and foreshore areas. Lifting of Urban Deferment Requirements A portion of the amendment area is located within the 500 m buffer of the Point Peron Wastewater Treatment Plant (WWTP), and is to be zoned Urban Deferred. Prior to the transfer of the land to the Urban zone, the WAPC and the Water Corporation will need to be satisfied that only compatible (non-sensitive) landuses will occur, which will not negatively impact the existing and future operations of the Point Peron WWTP. Environmental Approval The WAPC notes that the Mangles Bay Marina has been subject to a Public Environmental Review (PER) in accordance with section 38 of the Environmental Protection Act 1986. The final result of the assessment is the setting of environmental conditions by the Minister for the Environment. The conditions form part of the Minister’s Statement No. 974, and were contained in Amendment Report and at the Office of Appeals Convenor: www.appealsconvenor.wa.gov.au. Federal environmental approval to the project, under the Environment Protection and Biodiversity Conservation Act 1999, was also issued by the former Department of the Environment. 1 3 Environmental Protection Authority advice The proposed amendment was referred to the Environmental Protection Authority (EPA) for advice on whether environmental assessment would be required. The EPA advised that the proposed amendment does not require formal assessment under Part IV of the Environmental Protection Act. The EPA advised that it was not necessary to provide any advice or recommendations. A copy of the notice from the EPA was included in the previously published Amendment Report. 4 Call for submissions The amendment was advertised for public submissions from 11 August to 13 November 2015. The amendment was made available for public inspection during ordinary business hours at: i) the Western Australian Planning Commission, 140 William Street, Perth; ii) offices of the Cities of Perth, Fremantle, Rockingham and Cockburn; and iii) the State Reference Library, Northbridge. During the public inspection period, notice of the amendment was published in the West Australian and the Sunday Times newspapers and relevant local newspaper/s circulating in the locality of the amendment. 5 Submissions Four hundred and ninety six submissions (includes five late submissions) were received on the amendment. An alphabetic index of all the persons and organisations lodging submissions is at Schedule 1. Four hundred and thirty submissions objected, 38 submissions supported and 28 submissions contained no comments, general comments or otherwise indicated no objections to the amendment. The main issues raised in the submissions are discussed further in Section 7 below. A summary of each submission with WAPC comments and determinations is at Schedule 2. A complete copy of all written submissions is contained in a separate publication Submissions (Volumes 1 – 7). 6 Hearings Section 46 of the Planning and Development Act 2005 provides that each person who makes a submission is to be offered the opportunity of being heard by a Committee formed by the WAPC for that purpose. The Committee comprised: • Mr Steve Hiller, Member of the Statutory Planning Committee. • Mayor Henry Zelones, Local Government representative. • Ms Barbara Pederson, as an independent member with coastal planning knowledge. 2 All persons who made submissions were invited to present their submission to the Hearings Committee. Sixty seven hearings were undertaken on 25, 30, 31 May and 7 and 8 June 2016. The Hearings Committee also undertook site inspections on 23 May and 11 July 2016. 7 Main issues raised in submissions 7.1 Supporting Submissions Submissions from nearby and/or interested residents, the Rockingham – Kwinana
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